The Supreme Court This Thursday Justice ruled that invalid declarations or appearances (NDA) or false information are invalid and should not stop the clock of continued presence in the United States. The ruling supports hundreds, perhaps thousands Undocumented Faces deportation from the United States.
In Rule 6-3, the Supreme Court ruled that NDAs could not complete a court and thereby induce deportation.
In many cases, when an undocumented foreigner receives one of these documents, the clock that automatically measures the illegal stay in the country is automatically reduced or paused, in some cases preventing the victim from seeking permanent legal residency for having spent more than 10. Years without documents in the United States and their deportation can cause great distress to the immediate family member.
A huge hit
“Undoubtedly, this is a huge success for immigrants. Again, a door is opened for those who enter the United States and they are given a document (NDA) without a date or time to appear in an immigration court,” says Jose Guerrero, a trained immigration lawyer in Miami, Florida. .
“Because the document is flawed, in some cases, it will not stop the accumulated permanent time to prove that it has been unrestricted for more than 10 years and to apply for a green card for humanitarian reasons,” he added.
“Those who have been deported and NDA incomplete are advised to see a lawyer immediately to reconsider their case,” Guerrero said.
“If the original document is not completed, even if the government sends other documents to court, it cannot proceed with deportation,” Guerrero said.
The Nis-Chavez case
The case before the Supreme Court is similar to that of Augusto Niss-Chavez, a Guatemalan immigrant who entered the United States undocumented in 2005.
Eight years later, on March 26, 2013, Nis-Chavez will be scheduled to appear before an immigration judge at a later date and time.
Two months later, the immigrant received an investigation notice in a deportation case. The trial took place on June 25, 2013. During the process, Nis-Chavez announced his intention to suspend deportation under the Immigration and National Law (INA) and seek compensation under the Convention against Torture. Oyez.org.
Following a hearing on the merits of the case, the judge rejected the petition and appealed to the Nis-Chavez Immigration Appeals Board (PIA). Perera v. He argued that the case should be returned as notices of appearance that did not include the specific time and place of the deportation process of non-citizens were not stopped, as per the earlier Supreme Court ruling in the sessions. Clock. It measures continuous presence.
The Sixth Circuit Court of Appeals rejected Nis-Chavez’s request, opening the door for him to go to the Supreme Court to hear his case.
Two of Nis-Chavez’s children have serious health problems. His deportation proceedings began after he was detained by police for a broken taillight in his vehicle.
“It doesn’t seem to be working backwards”
Alex Gulves, an immigration lawyer trained in Los Angeles, California, said: “It’s a very important decision, but I don’t know if it will backfire.”
“When the person receives the document (NDA), it is the clock that freezes the physical presence. But if the NDA is faulty, if there are errors in it, the clock will continue to operate. That is why the decision of the magistrate is important,” he added.
Colves added, “If an undocumented person is 10 years of age or older in the United States and does not have a criminal record and shows that his or her expulsion will cause great distress to the immediate family member, he or she seeks cancellation of deportation by EOIR. – Form. 42b “.
Even if a person receives an NDA with an error and then receives an amendment that fixes the problem, “In that case the second date is valid. But if there is nothing else after the first NDA, the document is invalid and cannot be considered. ”
In the case of legal permanent residents (green cards) who commit crimes that are not allowed in the United States, Colves said: “They can also get an NDA and be summoned before an immigration judge. They should seek advice because they may be deported from the United States.
In the case of residents who receive the NDA but do not commit serious crimes, they are eligible to have their eviction revoked. This process is carried out through Form EOIR-42A, and they must prove unrestricted physical presence in the United States for at least 7 years.
In June 2018, the Supreme Court ruled that notices issued by the Department of Homeland Security (DHS) for foreigners to appear for deportation operations (NDA) should not “stop the clock that measures stay time” in the United States. Can continue to fight legally to stay in the country.
As in the case of Nis-Chavez, this decision is a victory for thousands of immigrants fighting against deportation and cannot be proven for 10 years without restraint in the country.
The court pointed out that by not stopping the clock at the time of filing the charges, immigrants could “comply with the requirement of permanent time to avoid deportation.”
The EOIR-42B waiver is found and resolved by an immigration judge, who has the power to decide whether to grant or deny the benefit (residency) and issue a deportation order based on the merits of the case.
Jaime Barron, a Dallas-based immigration lawyer trained in Dallas, Texas, said: “Revocation is also known as the 10-year amnesty law.